Anthony Macchiaroli

Owner of 85 Cook Road Cornwall

P.O. Box 613

Bantam CT 06750

 

Perley H. Grimes, Jr, Cramer & Anderson  Attorney representing the Town of Cornwall  August 22, 2021

pgrimes@cramer-anderson.com

Dear Mr. Grimes

Per my request you were asked by the Town Assessor of Cornwall to look into the issues they were having with my property.

I would like to know the outcome of your inquires?

As you are aware I have owned the property since January of 2021 and since then I have been actively involves in making the dirt portion of Cook road safe for passage.

In early August my good neighbors at 8 Cook Road called in a false police report accusing me of trespassing.

Trooper Dungan from Troop B was the investigating officer. After speaking with me I was informed that no crime was committed and if the neighbors wanted to determine the extent of my right of way they would have to file a civil suit.

A few days later when I went to the property a new gate was put up that had a chain and lock, which was blocking my access. A full time armed guard was also hired to deter my access.

I called Trooper Dungan, he informed me he was aware of the gate and if I wanted access, I could walk around the gate. It seems he had spoken to the Cornwall Town Clerk and was told that the documents filed with the town were illegal.

 

I went to town hall to meet with Dungan and he did not show up. I spoke to Vera the Town Clerk and there is obviously serious miss understandings.

 

1)      I am the owner of 85 cook road, there is a map on file that is referenced by the field card.

2)      I have a receipt for paying taxes on the property referenced by the field card and map.

3)      My dead stated that I have the right of way to use Cook road to access my property.

 

It seems the miss information provided by the Town Clerk has exacerbated the situation. I am requesting a statement from you representing your client verifying that facts 1, 2, 3, above are accurate and legal, or contact the State Police and clear up any misunderstandings they may have.

 

Unless there is a judgement against me, I will exercise my legal right to use Cook Road for

Accessing my property.

 

I was told by the states attorney that it is illegal for my neighbor to lock my access to my right of way. The State Police should instruct them to remove the lock or risk arrest.

Please share this information with whomever you see fit.

Thank You;

Tony Macchiaroli

 

6) State of Connecticut public act No. 90-1142 property owner’s bordering a discontinued or abandoned highway or a highway any portion of which has been discontinued or abandoned shall have a right-of-way for all purposes of which a public highway may be now or hereafter used over  such or discontinued highway to the nearest or most accessible highway.

Benefited property owner has the right to improve the easement and make it usable for its intended purpose(s). This includes paving, putting in sidewalks, utilities, lighting, removing obstructions, trees or stone walls, even if placed there by the burdened property owner.

 

Kenneth.Ventresca        Internal Affairs CT State Police                  kenneth.ventresca@ct.gov

Andrea Odonnell             Internal Affairs CT State Police                   andrea.odonnell@ct.gov

Ray Dungan                        Investigating Officer Troop B                      ray.dungan@ct.gov

Aiain Bisson                        Troop B person in command                        aiain.bisson@ct.gov

Richard Colangelo            Chief States Attorney Office State of CT                conndcj@ct.gov

Susan Jacobson                DEP                                                                        Susan.jacobson@ct.gov